Legislation Changes for 2018/2019

There are so many changes coming to the lettings industry, we thought it would be useful to provide a brief overview of both the confirmed and proposed changes for 2018/2019. It’s not exhaustive and may be subject to change during the course of the year!

Minimum Energy Levels Regulations (MEES) – 1 April 2018 – England and Wales

On 1st April 2018, the new Minimum Energy Efficiency Standard came in to force. Any building that is rented with a new tenancy or a renewal (including moving from a fixed to periodic tenancy) must have an energy rating of E or above, or must have an exemption from the regulations (from 1st April 2020, this will apply to all tenancies, including existing tenancies).

Gas Safety (Installation and Use) (Amendment) Regulations 2018 – April 2018 – England and Wales

From April 2018, a landlord will be able to have a gas safety record completed up to 2 months before the “deadline date” (the date it needs to be renewed by), without losing time off the previous certificate. Rather like an MoT, you will be able to complete the certificate in advance, and the renewal date will be 12 months from the previous date, not 12 months from the date the certificate was completed as has previously been the case.

General Data Protection Regulations (GDPR) – 25 May 2018 – England and Wales

From 25 May 2018, there will be significant changes to Data Protection rules. The changes will involve safeguarding tenant’s data, making sure that you only pass data on if you are legally entitled to do so, and not retaining data for longer than necessary. Click here to read the Gas Safety Regulations 1998 (GSIUR) as amended – Approved Code of practice and guidance.

Renting Homes (Wales) Act 2016 – date TBA – Wales only

The Renting Homes (Wales) Act 2016 will introduce significant changes when renting property in Wales.

The main parts of the Act which will directly affect landlords and agents are yet to be put in force and no date has yet been announced although it’s not going to be before Autumn this year. Most of the secondary legislation needed is in consultation or draft phase.

The Act will radically change almost every aspect of renting in Wales. There will be a new Occupation Contract replacing assured shorthold tenancies (and other types of tenancy). Possession notices will radically change as will many other elements.

In addition, many of the provisions already in England will be brought in to Wales by the Act such as retaliatory evictions, fitness for human habitation, smoke and carbon monoxide alarms and more.